M.C.D. Vs. RAVI KUMAR

JUDGEMENT

(1.) These petitions under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') have been filed by the petitioner, Municipal Corporation of Delhi challenging the arbitration award dated 10th Jan., 2008 passed by the Sole Arbitrator. Though the disputes between the parties arise out of two separate Work Orders and separate reference of the same were made by this Court in petitions filed under Sec. 11 of the Act, the Sole Arbitrator has adjudicated such disputes by way of a common award dated 10th Jan., 2008. The challenge to the same is also on common grounds and, therefore, both these petitions are being taken up together for adjudication.

(2.) The facts noted in the order are from OMP No. 273/2008 only to give a brief background as to how the disputes have arisen.

(3.) The petitioner had awarded the work of construction of Community Toilet Complex at various sites to the respondent vide Work Order No.EE-III/SPZ/TC/2001-02/256 dated 19th Oct., 2001. The other relevant details of the work order are given as under:-